Petitioners sought restoration of a dismissed suit via Article 227 writ petition challenging a Misc. No.62/2021 rejection order. Respondents pointed out an appeal remedy under Order 43 Rule 1(c) CPC; counsel concurred. The court dismissed the writ petition as not maintainable and permitted filing the appeal, with time deducted from limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5594 OF 2024 (GM-CPC)
BETWEEN:
MUNIKRISHNA BOVI S/O YELLA BHOVI SINCE DECEASED BY HIS LRS
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
ALL ARE R/O. M. KRISHNASAGARA VILLAGE SULIKERE POST, KENGERI HOBLI-560060 BANGALORE SOUTH TALUK.
…PETITIONERS
(BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI. VARAPRASAD K., ADVOCATE)
AND:
ALL ARE R/O. MARAGONDANAHALLI VILLAGE KENGERI HOBLI-560060, BANGALORE SOUTH TALUK.
…RESPONDENTS
(BY SRI. ROOPESHA B., ADVOCATE FOR RESPONDENT NOS.1 AND 3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08.02.2024 PASSED BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN MISC. NO.62/2021 VIDE ANNEXURE-J AND THE ORDER DATED 04.12.2018 PASSED BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN OS NO.1836/2014 VIDE ANNEXURE-C AND CONSEQUENTLY RESTORE THE SUIT IN OS NO. 1836/2014 ON ITS ORIGINAL FILE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
This petition is filed challenging an order dated 08.02.2024 passed by IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in Misc.No.62/2021 filed under Order IX Rule 9 read with Section 151 of Civil Procedure Code.
NC: 2024:KHC:45201 WP No. 5594 of 2024
appeal challenging the impugned order before appropriate Court.
deducted while calculating the limitation applicable to the appeal.
Sd/-
(R. NATARAJ) JUDGE
HJ
List No.: 2 Sl No.: 4
1 issue framed by the court
Is the writ petition maintainable when an appellate remedy under Order 43 Rule 1(c) CPC exists for the impugned Misc. order?
3 provisions across 2 enactments
Munirama Bhovi @ Muniya Bhovi
Neelamma
Jayamma
Venkatesh
Ananda
Nagaraju
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
